Dar es Salaam. The Kisutu Resident Magistrate's Court has given PAP Executive Chairman Harbinder Seth and former Independent Power Tanzania Limited (IPTL) Lawyer Joseph Makandege 15 days to conclude plea bargain negotiations which they have filed with the Director of Public Prosecutions (DPP).
This is after the 30 days granted by the Court to Seth and Makandege, elapsed without them reaching any conclusion with the DPP’s office.
On February 25, 2021, the court ordered that the plea bargain be presented to the DPP for negotiations within 30 days.
Today, April 8, 2021, when the case came for mention, the defendants' lawyers, Dorah Malaba and Joseph Sungwa, told the court that they had not been able to finalize their negotiations with the DPP.
"It seems the prosecution has no intention of negotiating with our clients, so we urge them to expedite the investigation so that this case can proceed to another stage," said Malaba.
Responding, Senior State attorney Wankyo Simon, assisted by Faraja Ngukah, claimed that the defense was the one to blame because they themselves had not followed up on the progress of the talks.
Regarding the investigation, Mr Simon claimed that they will contact the investigators of the case to find out how far they have gone.
Resident Magistrate Shaidi, after hearing the arguments of the parties said it was not the responsibility of the defendants to follow up on the reply from the DPP, but instead it is the DPP’s responsibility to give the response regarding what was discussed.
"It is true that the court gave 30 days to the state and the two defendants to negotiate, now I am told the days are over," said the magistrate.
The defendants are facing 12 charges including embezzlement and money laundering, therefore, causing a loss of US $ 22,198,544.60 and Shs 309,461,300,158.27.
The defendants allegedly committed the crime on October 18, 2011 and March 19, 2014, in Dar es Salaam, they conspired in South Africa, Kenya and India to commit the crime.